Equal opportunities: Disability

In recent years employers have become much more positive about receiving applications from graduates with disabilities. The law requires that employers treat disabled people fairly both during the recruitment process and in employment.

A report on the First Destinations of 2009 Disabled Graduates showed that six months after graduation 12.1% were assumed to be unemployed. While 42.4% were in full-time paid employment compared with 46.2% of able-bodied graduates (AGCAS, 2011).

What are my legal rights?

From 1 October 2010, the Equality Act replaced most of the Disability Discrimination Act (DDA). However, the Disability Equality Duty in the DDA continues to apply.

It prohibits all employers except the armed forces from treating people with disabilities less favourably than anyone else. 

The law defines disability as a physical or mental impairment with a substantial, long-term adverse effect on the ability to carry out day-to-day activities. This covers many different sorts of impairments - from sight and hearing to dyslexia, severe asthma and HIV diagnosis.

There is a get-out clause if a disability genuinely prevents someone from doing a job, but employers must make ‘reasonable adjustments’. These might include, for instance, a physical modification to equipment or the work environment, allowing flexible working hours, or, in the case of job applicants, giving more time to complete a recruitment test.

Some government funding is available to employers to pay for alterations to the workplace and equipment to enable a disabled person to be employed.

How can I make my application successful?

When you are job hunting you should be ready to apply for all opportunities that suit your interests and qualifications. However, you may want to look out for employers who show a positive attitude to disability through:

• A commitment in their recruitment literature and on their website.
• The ‘two ticks’ symbol on their adverts - guaranteeing an interview to all applicants with disabilities who fulfil the minimum qualifications for the job.
• Being members of the Employers' Forum on Disability, or advertising with disability organisations and websites.
• Encouraging applicants to disclose a disability.
• Offering their application forms in alternative formats.

When you are looking for a job it is crucial to produce a top quality application. You need to show you have the attributes the employer is asking for and are enthusiastic to work for them. This is vital whether or not an employer appears to be positive about disability. Your university careers service is available to check what you have written and offer advice.

One disadvantage you might face is that a disability may limit your opportunities to experience part-time jobs and extra-curricular activities. This could leave you short of examples of when you performed skills that an employer is asking for.

When should I disclose my disability?

An important question facing job-hunters with disabilities is whether and at what stage to say you have an impairment. You will need to fully disclose disabilities that affect the job you would be doing. If a disability is neither visible nor relevant, such as some mental illnesses, you have more leeway.

If you decide to tell an employer, you should do it straight away to show that you are confident about it. You may be concerned that early disclosure may lay you open to discrimination before you have had a chance to impress as a candidate. Legislation should minimise the risk of this happening.

At whatever stage you disclose an impairment you should do so in a positive way supporting your suitability for the role you are seeking. Opportunities to do so include:

• On application forms, it may be relevant to refer to your disability when answering questions designed to draw out examples of personal skills and qualities.
• Application forms may also contain a question about disability and health which must be answered accurately.
• If you are called to interview having not disclosed a disability, you may want to let the employer know about it so that they can make arrangements to ensure you are not at a disadvantage, as required by law.
• The interview itself offers a further opportunity for disclosure; you may need to discuss the practicalities of performing the role with a disability. However, you must try to avoid the interview becoming sidetracked away from your strengths as a candidate.